My mother has been on medication for a long time. Her treatment had been going on at different places. I can provide some of the detail.
Finally she had undergone a laparoscopy surgery and had her gallbladder removed last year in May. I have hospitalized documented proof with me. she has been on bed rest but now is much better.
As others have alluded and I have stated explicitly: H&C cases are TRICKY. There are no guarantees.
Frankly, the biggest factors in your H&C case are likely to be:
-- extent to which you initially established or tried to establish actual residence in Canada
-- total number of days in versus out of Canada
Staying abroad due to a family member's illness can tip the scales, but the extent of the breach nonetheless looms very large in an officer's assessment of most H&C factors and the determination as to whether the PR should be allowed to keep his or her PR status.
To some extent, the officer's perception of the PR's long term intentions can play a significant role. If the officer believes the PR has planned to settle and live in Canada permanently, has not done so yet due to compelling circumstances, but is in the course of actually making the move to settle in Canada, officers can be remarkably lenient or even outright generous, and especially so the smaller the breach.
It is worth remembering, however, that even the most compelling H&C reasons for remaining abroad do NOT negate or eliminate a breach of the PR RO. The failure to be present for at least 730 during the first five years (or possibly present considering days remaining until the fifth year anniversary) constitutes a breach of the PR Residency Obligation (there are exceptions, but those are situations in which the PR gets credit as if present even if not present, which do not appear to have any relevancy here). If and when there is a breach of the PR RO, the PR is entitled to have the decision-maker consider whether or not, due to H&C reasons, the PR should be allowed to keep PR status DESPITE being in breach of the PR RO.
All of which is NOT intended to discourage PRs from making the H&C case if and when it is relevant. On the contrary, even PRs who are merely
cutting-it-close but claiming they did meet the PR RO would be prudent to make the H&C case if questioned about RO compliance at the PoE. And as referenced earlier, it is particularly prudent for a PR in breach to be prepared to make the H&C case upon arrival at the PoE. It can really make a difference and ESPECIALLY SO DURING THE FIRST FIVE YEARS. CBSA and IRCC are well aware that making the actual move to Canada can be more difficult and take more time than many immigrants plan for initially. There appears to still be a fair amount of leniency for new immigrants, subject to the mandate to actually enforce the law of course. And no guarantees of course. Once in breach, a PR is at risk for losing PR status.
I am really grateful to you for this detailed clarification. I am pretty confident now to move ahead as I have my proofs with me.
Can I also take the advantage for mentioning the child birth from my wife who was actually not mentioned in my file when I traveled there ?
Short of consulting with a lawyer (which most would not do in preparation for a PoE examination; it would be a bit of overkill, at least usually), the best approach is to generally be prepared to HONESTLY explain ALL reasons for remaining abroad and let the officers weigh those reasons as they will.
At the PoE it really can be about
does-he-DESERVE-chance-to-keep-PR? Someone deeply familiar with H&C cases may be able to fashion a sophisticated case, but for most it simply comes down to explaining the real why and hoping that is enough . . . thus, the PR's credibility looms really large. If, for example, an officer has the impression the PR is just exploiting a family member's illness as an excuse for staying abroad for other reasons, arguing that reason could backfire. Usually, and naturally, a family member's illness will be at least part of the reason why the PR remained abroad. So it will help. Keep it HONEST. Also, best to keep it as simple as possible. Good luck.
